HomeMy WebLinkAbout201206270268 COVENANT OF PAYMENT OBLIGATION 06/15/124 WHEN RECORDED, RETURN TO
City of Auburn
Cit} Clerk s Office
25 W Main St.
Auburn, WA 98001
111111 VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
06121120126809A41A59tAM 6 PGS
AUDITOR, Pierce County, WASHINGTON N
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COVENANT OF PAYMENT OBLIGATION FOR UTILITY SYSTEM DEVELOPMENT
CHARGES AND PARKS, TRANSPORTATION, SCHOOL, AND /OR FIRE IMPACT FEES
COMMERCIAL PROPERTIES
Payment Obligation for the Benefit of Grantee: City of Auburn, a municipal corporation
Persons Indebted to Grantee ( "Grantor "): McClellan Homes Company
Reference Number(s) of Related Document(s): Permits BLD 12 -0164, SWR12 -0213, and STM 12 -0197
Legal Description (Abbreviated): Lot 77 of the North Tanps Estates, Auburn, WA.
Full description as set forth on attached Exhibit "A."
Assessor's Tax Parcel ID Number- 7002180770
Is the use residential, multi - family, or non - residential: Residential
Notice is hereby given that pursuant to Auburn City Code ("ACC') Chapters 13 41, 19.02, 19.04,
19.06, and 19 08, the City of Auburn (the "City ") and the Grantor voluntarily agree to a deferred payment
obligation for Utility System Development Charges, Parks, Transportation, School, and /or Fire Impact
Fees ( "Covenant") against the above - described real property By entering into this agreement, Grantor
waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the
fee(s) are used by the City to address the impacts for which the charges or fee(s) were paid.
The initial amount of the charge(s) and /or fee(s) deferred is as follows:
Utility System Development Charge(s):
Water N/A
Seger $850 00
Storm. $1162.00
Park Impact Fee: N/A
Transportation Impact Fee: $3,882.61
School Impact Fee: $3,500.00
Fire Impact Fee: $290 1
acknowledges that Utility System Development Charges may change based on credits
granted or denied, and that Impact Fees and their associated administrative fees do not vest and the
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amount owed is based on the applicable Impact Fee schedule in effect at the time of payment. To check
the current charge and impact fee amount, please call the City of Auburn Permit Center at 253 -931 -3090.
Grantor agrees that, in consideration for the City entering into the Agreement, Grantor waives the
right to repayment of any, Impact Fees that are not used within the statutory, period in Title 19 ACC
All Utility System Development Charges and Impact Fees deferred under this Covenant are due
and payable as follow,
Single Family Residential: to be paid no later than at time of closing of the sale of the unit or at
final inspection or issuance of certificate of occupancy or 18 months from the date of issuance of the
original building permit, whichever comes first.
Multi - Family Residential: to be paid no later than at time of closing of the sale of the unit or at
final inspection or issuance of certificate of occupancy or 18 months from the date of issuance of the
original building permit, whichever comes first.
Non - Residential: to be paid no later than prior to issuance of certificate of occupancy or 18
months from the date of issuance of the original building permit, whichever comes first.
Grantor's obligation to pay the fee(s) as described in this instrument shall be a covenant running
with the land and shall binding upon the Grantor, its heirs, successors and assigns. Any costs (including
but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this
Covenant shall be paid by Grantor Venue shall be in the County in which the property, is located.
All payments shall be made payable to the City and shall be directed to the City, of Auburn at the
following address:
City of Auburn
Attn: Permit Center
25 W Main Street
Auburn, WA 98001
Grantor agrees to include in any purchase and sale agreement for the property a copy of this
Covenant attached to a special addendum, and to obtain the purchaser's initials on said. A copy of the
covenant and addendum that is initialed by the purchaser shall be provided to the City of Auburn Permit
Center at the above referenced address. Grantor further agrees to specifically include in escrow
instructions regarding the sale of the property the following language:
"The escrow officer is hereby directed to contact the City of Auburn at 353.931 -3090 to
obtain the current payment amount for all charges and fees under that certain Covenant
recorded under King/Pierce County Number {insert recording number of covenant; The
escrow officer is directed to include all payment amounts in the purchaser's copy of the good
faith estimate of closing costs and to pay all amounts due at closing."
Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to
deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as
Exhibit B. The escrow officer shall record the Release of Covenant when funds are disbursed from
escrow to pay the outstanding fee(s). The City may, provide separate escrow instructions consistent with
this Covenant. Otherwise, the City will release this Covenant upon Grantor's payment of the above
identified fee(s).
Grantor acknowledges on behalf of itself, its heirs, successors, and assigns, that failure of the
escrow agent to pay the charges and fees in this Covenant shall result in the immediate suspension of all
permits previously issued for this Property and shall limit the granting of any further permits for the
property until such time that all outstanding charges or fees are paid in full.
City of Auburn
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Its: v t �l ✓eC�U1/
Date G�Ztg �yZ_J �t "Z6 1 2
p (Corporate acknowledgement)
STATE OF WASHINGTON
ss.
COUNTY OF w )
l certifv that I know or have satisfactory evidence that t1J
Ev N �7n'��EP� is the person who
appeared before me, known to me to be the (president, vice president, secretary, treasurer, or other
authorized cent, as the case may be) of the corporation that executed the instrument herein, and said
person acknowledged that (he /she) signed this instrument, on oath
acknowledged it as the free and voluntary act of the corporation for the uses and purposes mentioned in
the instrument, and that he /she was authorized to execute said instrument and that the seal affixed is the
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corporate seal of said corporation.
Date: (,! AI E -
Name: ci
V`QBADG �t4� (Print Name) it
`mayNOTARY PUBLIC, in and For the State of
Z : Washington, residing at
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V'F' A 11.�9•,#'�� = My Commission Expires:
41011, OF WN
Grantor
Robert D McClellan
President, McClellan Homes Company
[] (Corporate acknowledgement)
STATE OF WASHINGTON )
ss.
COUNTY OF D )
I certify that I know or have satisfactory evidence that Robert D McClellan is the person who
appeared before me, known to me to be the (president, vice president, secretary, treasurer, or other
authorized agent, as the case may be) of the corporation that executed the instrument herein, and said
person acknowledged that he /she) signed this instrument, on oath
acknowledged it as the free and voluntary act of the corporation for the uses and purposes mentioned in
the instrument, and that he /she was authorized to execute said instrument and that the seal affixed is the
corporate seal of said corporation.
Date:
40 NaAethea L. O
s (Print Nam /
yNN9 -09- ye.'�€II�C NOTARY PUBLIC, in and For the State of
ZR � W ' Washington, residing at _Fj_� j_ u
My Commission Expires: Q 1`0 5 "� cv y
EXHIBIT A
LEGAL DESCRIPTION: Real property in the County of Pierce, State of Washington, described as
follows:
LOT 77, NORTH TAPPS ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED MAY
3, 2007 UNDER RECORDING NO. 200705035001, RECORDS OF PIERCE COUNTY,
WASHINGTON.
ATTACHMENT B
(RELEASE OF COVENANT)
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